IP, Reports & Roadmaps | Sep 22, 2008

Seoul Semiconductor Expresses Confidence that it Is Not Infringing Nichia's Patent

Seoul Semiconductor (hereafter "Seoul") officially announced it had the means to establish its non-infringement of any valid claim in a lawsuit brought by Nichia Corporation (hereafter "Nichia") in the English High Court, in which Nichia asserts that Nichia asserts through their website and press release that Seoul's Acriche products infringe its patented "annealing" technology. Regarding this lawsuit, Seoul believes it has sufficient prior art to have Nichia's patent revoked as it is invalid.
According to Seoul's legal team, Seoul's Acriche products is being manufactured under a licence for a related technology from Rothschild Neumark and UCSB. Thus Seoul has a firm belief it doesn't infringe Nichia's patent. Seoul finds it hard to see how Nichia's patent in this lawsuit can be valid over Professor Neumark's [earlier] patent and preceding technologies. Furthermore, Seoul has an opinion from a Japanese patent specialist that multiple similar technologies have existed before.
 
Seoul said it had brought up proposals to bring invalidity lawsuits against Nichia's patents and have them revoked. And Seoul added other lawsuits brought by it to invalidate Nichia's patents are on-going in the US, Japan and Korea.
 
A Seoul official said, "We will keep our customers right and away from damage by all of Nichia's lawsuits, including this inadequate one. Also, we pursue revocation actions to protect stockholder's rights and to ensure our company can continue to contribute to development of the world". In this lawsuit, it is clear that Seoul seems to be unperturbed.
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